Katrina Bekkers

The defendants brought a motion to disqualify the plaintiffs' counsel and their law firm on the basis of a conflict of interest.

The defendant, Marc Lewis, had previously retained the same law firm for an employment matter with a former employer.

The court applied the MacDonald Estate test and found that the previous retainer was not sufficiently related to the current malfeasance action, and no relevant confidential information was imparted.

Furthermore, the law firm had implemented an ethical wall.

The motion to disqualify counsel was dismissed.

During a trial for damages and statutory accident benefits arising from a motor vehicle accident, the self-represented plaintiff sought to introduce a medical report for the truth of its contents without calling the authoring doctor to testify.

The defendants objected on the basis of hearsay and failure to comply with the Evidence Act and Rules of Civil Procedure.

The court ruled the report inadmissible, holding that without the opportunity for cross-examination, the hearsay content could not be admitted.

The court also provided guidance on best practices for self-represented litigants regarding expert evidence.

The plaintiff was involved in a motor vehicle accident and suffered a spinal fracture.

Liability was admitted by the defendant.

The court had to determine whether the plaintiff met the statutory threshold for permanent and serious impairment under the Insurance Act, and assess damages.

The court found significant credibility issues with the plaintiff's evidence, noting he had concealed pre-existing conditions and post-accident activities from his assessors.

Despite these credibility issues, the court accepted expert evidence that the plaintiff suffered a permanent serious impairment consisting of chronic left torso/rib pain and an adjustment disorder.

The court awarded $1,067,647 in total damages, applying substantial percentage reductions to the claimed amounts for loss of earning capacity and future care costs due to the unreliability of the plaintiff's self-reported limitations.

The plaintiff, a contractor, sued the defendant homeowner for unpaid contracting fees of $35,729.63 for building a log home.

The defendant counterclaimed against the contractor and the log home kit supplier for $124,203.30, alleging breach of contract due to delays and construction deficiencies.

The court found that the defendant homeowner, who acted as his own general contractor, was responsible for the delays and had wrongfully repudiated the contract by locking the contractor out of the site.

The court granted the plaintiff's claim for the unpaid balance and dismissed the defendant's counterclaim.